rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    non sort: ال
    title: قواعد الفقهية المبنية على أصل الاستصحاب وأثرها فى المعاملات المالية
  title info:
    title: al-Qawa'id al-fiqhiyah al-mabniyah 'ala asl al-istishab wa-athariha fi al-mu'amalat al-maliyah
  name:
    name part: Azli Fairuz bin Laki
    role:
      role term: creator
  name:
    name part: أزلي فيروز بن لاكي
  name:
    name part: International Islamic University Malaysia
    name part: Department of Fiqh and Usul al-Fiqh
  genre: Theses, IIUM local
  origin info:
    place:
      place term: my
    place:
      place term: Kuala Lumpur
    publisher: Kulliyat Ma'arif al-Wahy wa-al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah
    date issued: 2011
  language:
    language term: eng
  language:
    language term: ara
  physical description:
    extent: م، 154 leaves ; 30 cm.
  abstract: This research is aimed at investigating Islamic legal maxims based on Al-Istishab principle and its implication on modern financial transactions. It examines the definition of legal maxim, its sources, validity and importance from the Islamic jurisprudence perspective and also sheds light on the conception, types and validity of Al-Istishab from the Usuli point of view. Then, the research focuses on a number of relevant legal maxims which are directly related to financial transactions, represented by one of the five universal Islamic legal maxims which means: “Certainty shall not be removed by Doubt” and other related legal maxims which have been derived on its basis, by clarifying the meaning and evidence from the Qur'anic text and Prophetic Sunnah. The study has also compiled some of the Islamic jurisprudential practices regarding financial transactions for these maxims, mostly as discussed in classical literature. The research has adopted two methodologies; the inductive method which is based on collecting the relevant legal text as mentioned by classical and modern Muslim scholars, and the analytical method to discuss and analyze these scholars' views and to recommend the most appropriate ones. To portray the relevance and effectiveness of these legal maxims in contemporary transactions, the application of Islamic legal maxims based on Al-Istishab is exemplified in a number of modern financial contracts and terms of contracts, namely Contract of Insurance, Contract of Construction, issues of penalty clause for non-fulfillment of contract, conditional maintenance which is included in the sales contract which requires the maintenance worker to provide service and conditional maintenance in the rent contract which is the responsibility of the renter. Eventually, this study establishes the importance of reliance on these Islamic legal maxims in terms of making the Islamic Jurisprudence able to cope and absorb the development of financial transactions despite the ren…
  note: /إعداد، أزلي فيروز بن لاكي
  note: Abstracts in English and Arabic.
  note: "بحث متطلب مقدم لنيل درجة الماجستير في معارف الوحي والتراث (قسم الفقه وأصول الفقه)."--On t.p.
  note: Thesis (MAIRK)--International Islamic University Malaysia, 2011.
  note: Includes bibliographical references (leaves 138-154).
  subject:
    topic: Istishab (Islamic law)
  subject:
    topic: Islamic law
    topic: Sources
  subject:
    topic: Commercial law (Islamic law)
  subject:
    topic: Finance
    topic: Religious aspects Islam
  classification: BP148
  identifier: http://studentrepo.iium.edu.my/handle/123456789/8640
  record info:
    record content source: UIAM
    record creation date: 120904
    language of cataloging:
      language term: eng